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Terms and conditions
Terms and conditions
Last update: 02 February 2024
This policy details the Company's practice regarding the operation and use of the domain www.johnmaxwell.ro (hereinafter referred to as the Website) created with the main purpose of providing the possibility to purchase tickets for the Step up and take the lead event (hereinafter referred to as the Event), with the aim of informing users about the commercial conditions of contracting.
Following the purchase of tickets to the Event, as detailed herein, the user will be granted the right to access the https://www.johnmaxwellacademy.ro/ platform, depending on the type of ticket paid for according to the information on the Event website, where they will be able to access various materials. The manner in which his/her personal data will be processed on that platform, as well as on any other related online platforms, including commercial terms, are set out in the policies therein. Thus, these Terms and Conditions, as well as the Data Protection Policy and Cookie Policy, relate strictly to the Event page.
By using the Site further, you acknowledge that you have read and agree to these Terms and Conditions, as well as the Data Protection Policy and Cookie Policy, which are posted on the Site.
Contents
1. Identification of the company
3. Acceptance of the visitor to the Site with respect to the application of the Terms and Conditions
4. Conclusion of the ticket purchase contract for the Event
5. Services provided by HM through the Site
6. Event ticket features offered by HM. Price
7. Access to the Website and the Event
9. Cancellation of the ticket purchase order for the Event. Return Policy
10. Cancellation of the Event or change of date. Return Policy
11. HM Intellectual Property Rights
15. Reality of information provided by users
16. Users' liability when using the Site
18. Modification of applicable conditions
19. Third party websites/applications
22. Applicable law and dispute settlement
Highlife Mentoring SRL (hereinafter referred to as the Company or HM)
Registered office: Romania, Timiș county, Timișoara, str. Gheorghe Lazăr nr. 24, et. 4, ap. SAD 29 (Fructus Plaza)
Registered at the Trade Register of the Timis Court under no. J35/2476/2022
Unique registration code RO46231968
Email: office@maxwellleadership.ro
Tel: +40.771.706.337
The contact details that the visitor to the Site can use to send any requests, notifications or complaints regarding the Terms and Conditions, Data Protection Policy, Cookie Policy, as well as any other information published on the Site, policies or operations carried out by the Company, are indicated in point 1 above.
The deadline for the Company to send a response is no later than 30 days after receipt of the request.
These terms and conditions are assumed by the Company and by the users of the Site (i.e. you).
Accordingly, use of the Site in any form by visitors/users automatically implies acceptance of all of the following and of the policies referred to (where the law does not require further steps to be taken to express acceptance), as well as an undertaking that they have the full and free right and ability to access the Site, place orders and provide information to the Company.
IF YOU DO NOT ACCEPT OR DO NOT FULLY AGREE TO THE TERMS AND CONDITIONS OR OTHER POLICIES DISPLAYED, PLEASE DO NOT USE THE WEBSITE, DO NOT SUBSCRIBE TO HM'S MARKETING INFORMATION, DO NOT PURCHASE TICKETS TO THE EVENT, AND DO NOT SEND MESSAGES USING THE "CONTACT US", "LET'S CONNECT" OR TELEPHONE NUMBER DISPLAYED ON THE WEBSITE AND INDICATED IN ARTICLE 1 ABOVE.
The visitor to the Site may access it without being obliged to purchase a ticket. The visitor to the Website may also freely send messages with requests, complaints or questions to HM using the dedicated boxes or contact details indicated in Article 1 above.
Prior to submitting the actual order for the purchase of a ticket to the Event, the purchaser may at any time view and/or modify the data submitted, identify any errors at the time of entry and correct them before placing the order by clicking on the "Register" button at the end of the "I am registering now" form or in any other way agreed with the Company (e.g. in subsequent discussions).
Once the user presses the order button, the ticket purchase contract will be valid and the user will be held to the payment of the price for the desired ticket option (general or VIP), as indicated on the Website.
- Event ticket sales
- Providing access to various resources made available by HM, relating to Maxwell procedures and methods, within the limits indicated in this policy
- Transmission of information for marketing purposes
Tickets can be purchased by individuals or legal entities who send the tickets to their designated persons. To this end, after the legal entities have submitted the order form and paid the corresponding price/first instalment (if payment in instalments is chosen), HM will contact the respective purchaser to request the details of the persons who will directly benefit from the tickets by attending the Event, given that the tickets are personal, non-transferable and a unique code is generated for each ticket.
The type of tickets is either general or VIP. The benefits offered by each type of ticket is indicated on the main page of the Website. Any additional information can be obtained by users through the forms on the Site or by contacting HM directly using the details indicated in Article 1.
Ticket prices are those displayed on the date and at the time of placing the order by the user, as indicated on the Site and in the order summary.
The total price can be paid according to the buyer's choice:
- in full, at the time of placing the order, by indicating your card details via the EuPlatesc platform (Visa/Maestro/Mastercard)
or
- in several equal instalments, with monthly recurring payment, according to the amounts and number of months indicated on the order form at the time of placing the ticket order. The option of paying the order price in instalments will still be available no later than 30 days before the date of the Event.
The equivalent in lei of the price indicated in euro will be made with reference to the BNR exchange rate on the day of payment.
Any change in ticket prices may be made freely by HM at any time, but will not affect customers who have already paid the ticket price or at least the first instalment of the ticket price if this payment option is preferred (they will not be charged extra if the price increases, nor will they receive any refund if the price decreases). Thus, unless otherwise expressly agreed in writing by the parties involved, any price changes applied by the Company will only affect tickets for which payment of the price begins after the change.
Invoices shall be sent by HM to the customer purchasing the ticket exclusively by electronic means to the address indicated by the customer on the order form. The invoice shall be deemed to have been paid when HM's account is credited with the full amount indicated on the invoice.
The payment method "Online by bank card" implies that the user wishing to purchase tickets to the Event must fill in certain card information on the secure payment processor page.
- Payments with credit/debit cards issued under the Visa and MasterCard brand (Visa/Visa Electron and MasterCard/Maestro) are carried out via the "3-D Secure" system developed by the organisations that ensure the same level of security for online transactions as those carried out at the ATM or in the physical environment at the merchant.
- "3-D Secure" primarily ensures that no card-related information is transferred or stored, at any point in time, on HM servers or payment processor servers, this data is directly entered into Visa and MasterCard systems.
For payments by bank card, no fee is charged.
Viewing the Site is free of charge. Participation in the Event is only possible after payment of the total price of the tickets ordered.
After payment of the total price of the tickets ordered or at least the first instalment of the price (if payment in instalments is preferred), the purchaser will have access to all the resources on Maxwell Academy, https://www.johnmaxwellacademy.ro/ (the Platform for short), depending on the type of Ticket paid for.
Thus, after paying the first installment, each buyer will automatically receive a unique login code on the Platform for each ticket (so there will be a unique code per ticket, not per buyer), and after creating a user account with email and password, will be able to access all the materials and information there. In case of failure to collect an instalment (whatever it is - 2nd, 3rd, etc.), the user's access to the Platform will be automatically restricted.
HM may, at its sole discretion, decide that in the event of any delay in the payment of any instalment, either simply to suspend the User's access to the Platform until the date of payment of all outstanding amounts, or to terminate the contract as of right without notice of default or other formalities and without refund of the amounts representing the instalments already received.
How the Platform works is described in the Terms and Conditions, Data Protection Policy and Cookie Policy posted there.
Buyers of tickets to the Event must be people (individuals or companies through their employees/collaborators). Orders recorded by bots and other automated methods are not allowed.
HM may communicate with user customers via email about updates, news, feedback, statistics, upgrades, new services and other issues that are consistent with the original purpose of the data processing. If they wish to unsubscribe from the newsletter list, they can easily do so at any time by simply ticking the Unsubscribe button at the end of each newsletter they receive, or send a request to do so by email.
Users (individual customers/employees or collaborators of corporate customers) are responsible for maintaining the security of the orders they place and their account and password on the Platform. HM cannot and will not be liable for any loss or damage from Users' failure to comply with this security obligation.
Users are solely and fully responsible for all activity that takes place under their name - whether placing orders, making payments, signing up for newsletters, chatting on the Site, on the phone or on social networks.
The Company has a low tolerance limit so if we consider that any user is abusing the services offered, HM may temporarily suspend any access to the Platform or the sale of tickets to the Event if it considers that the customer's activity is of an illegal or immoral nature. Fake accounts and orders will be deleted immediately when detected.
The person whose details have been indicated on the order form may request the cancellation of the submitted order within 14 days from the date of placing the order (i.e. from the date of filling in the order form by clicking on the "Register" button), provided that the Event has not taken place within those 14 days. In the event of a request to cancel the order in whole or in part, under the above conditions, HM will refund the amount received for the tickets in question and will automatically suspend access to the Platform for the unique code for those tickets.
If you wish to cancel all or part of an order, you must send a request to the HM email address given in point 1 above.
HM will check that the request was received within the 14-day period and that the Event has not already taken place, and if these two conditions are met cumulatively, it will refund within 14 days of receipt of the cancellation request the entire price/fees already received for the tickets for which cancellation is requested. When refunding the amount, the Company will use the bank details indicated in the original order or in the cancellation request (if such details were indicated in the cancellation request).
In the event that cancellation of an order placed more than 14 days prior to the cancellation request is requested or if, although cancellation was requested within 14 days of the order being placed, the Event took place before the cancellation request was received by HM (whether or not it met the participant's expectations), the Company shall be entitled to retain the full price charged for the order and to demand payment of the full price of the order if payment in instalments has been chosen but the full price has not been charged.
From the date of cancellation of the order, the account created for the cancelled ticket can no longer be used to access the Platform.
In the event that HM decides to cancel the Event for a later (undecided) date or to change the date of the Event less than 30 days prior to the date indicated at the time of placing the order by the purchaser, it will offer purchasers the option of a full refund of all ticket payments or to use the tickets on the new date.
Changing the Event schedule without changing the day of the Event or changing the date of the Event announced more than 30 days before the Event date indicated at the time of placing the order by the buyer, will not entitle the buyer to a refund of the price paid (not in part).
The Company owns all intellectual property rights (including copyright) in the services provided, the Site, the name, and any information relating to the Event or Maxwell programs.
Users shall not act in any way that could infringe the rights of the Company and undertake not to use any sign or name similar or identical to the trademarks or names used by the Company on the Site.
With reference to the above, it is agreed that persons purchasing tickets to the Event will have a strict right of use of the tickets for the purpose of access to the Event and the Platform. After the date of the Event, purchasers who have made an account on the Platform will no longer have any access or right to use the Platform.
No user may copy, modify, adapt, reproduce, distribute, reverse engineer, decompile or disassemble any aspect of the Site.
Neither party shall be liable for failure to perform its obligations if such failure to perform on time and/or properly, in whole or in part, is caused by an event of force majeure. The parties agree that such an event may be the virus infection of the Website or the IT platform behind it for reasons not related to an action of the Company, not requiring a certificate issued by an authority in this respect, but the notification (by e-mail or on the Website) of the persons affected. To the extent that the legislation applicable to personal data provides for other obligations in such cases, HM will comply with those legal conditions.
For extensive information on how such data is processed, please study the Data Protection Policy.
The Company collects information from visitors/users in three main ways: directly, from traffic reports recorded by the servers hosting the Site, and through cookies.
- information obtained directly
The data is collected when accessing the Site; when filling in the data in the "Contact", "Let's connect" or "Sign up now" section or by telephone through recorded conversations; and when filling in the necessary fields in the "I'm signing up now" form to place the order. The processing is carried out as indicated in the Data Protection Policy.
- information obtained from the server traffic report
When a website is visited, users automatically reveal certain information, such as IP address, time of visit, location from which the website was accessed.
- information obtained through cookies
The site uses cookies for better functionality. Depending on the preferences chosen by visitors/users, HM may also use other types of cookies in order to facilitate tracking preferences as well as traffic data and to promote certain aspects. For more details, please review the Cookie Policy.
Visitors to the Site should also be aware that whenever they voluntarily disclose personal information in online communication environments (such as online forums, social networking sites, discussion groups), the information disclosed can easily be collected and used by unauthorized persons.
ALTHOUGH THE COMPANY TAKES ALL REASONABLE STEPS REQUIRED BY APPLICABLE LAW TO PROTECT THE PERSONAL DATA OF VISITORS TO THE SITE, IT CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION TRANSMITTED. THEREFORE, THE TRANSMISSION OF INFORMATION IN AN UNSUITABLE ENVIRONMENT IS AT THE USER'S OWN RISK.
When filling in the forms on the Site and during telephone discussions with the Company's representatives and when placing orders or returns, as well as when subscribing to newsletters, users are obliged to communicate to the Company real and valid data.
Also, by using the Site, each visitor/user assumes that he/she can take the steps required when filling in forms, creating accounts, placing orders and sending messages, being over 18 years of age and can express valid consent (where applicable) freely and without the need for prior approval from a third party that has not been obtained by that visitor/user.
If the data provided undergoes any changes, users are obliged to notify the Company immediately so that it can comply with its legal and contractual obligations.
Visitors/users are solely responsible for choosing, obtaining, configuring and maintaining the equipment used to access the Site.
Thus, the Company does not offer any guarantee regarding aspects relating, among others, to: the compatibility of the Site with the hardware and software used by visitors (however, HM hereby informs that users should install recent versions of the recommended browser Google Chrome, for example); the effects of using the Site (including but not limited to the generation of viruses, the possibility of fast access), as well as the smooth and trouble-free operation of the Site. However, HM's liability with respect to the processing of personal data is not excluded by this clause, nor is it reduced below the minimum permitted by the specific legislation in this field.
It is forbidden to insert references and links to the Site, to copy/modify/transmit/publish/use in any way the information indicated in the content of the Site, without the express, written and prior permission of the Company.
In addition, visitors declare that they will use the Site only for lawful activities that do not infringe the rights of third parties. Furthermore, they will not submit documents or requests pretending to be another person, nor will they take any action that could affect the integrity of the Site or the data contained therein (including but not limited to viruses, deletion or modification of information, electronic abuse, fraud, use of personal data without right).
The User is solely responsible for choosing tickets and filling in information on the Site, as well as for using the Platform.
The legal entity user expressly declares that the natural persons who have submitted completed forms to the Company, as well as those who will submit requests or messages, are authorised to carry out these actions and can fulfil their obligations, the legal entity user therefore summing up all actions and documents submitted/signed by those persons.
Failure to comply with the obligations set forth herein, as well as with any other obligation established by law for visitors to websites, will result in their liability and the obligation to cover damages caused by the culpable act.
Also:
- Users understand that the Company uses third party vendors and hosting partners to provide the hardware, software, information, networking, storage and related technology necessary to deliver the Event services.
- Users agree not to resell, duplicate, reproduce or exploit any part of the Site or the Notes without the Company's express prior written permission.
- Users may not use the Site to store, host or send unsolicited email (spam), chat or any other unsolicited messages to other users on the Site or Platform or to transmit viruses or malicious content. The Site is aligned with anti-spam rules and the Company does not authorize or permit the sending of spam through the automation service by users. If there is evidence of spam, access to the Platform may be suspended without notice or even your account or tickets to the Event may be cancelled, as such activity is considered unethical. Accidental spam must be reported immediately to the Company to prevent the above consequences from being applied.
- Ticket buyers declare that they are over 18 years old. In case of doubt, HM may request further proof of the age of the respective user and he/she undertakes to provide such proof immediately upon receipt of the request from the Company.
- The company ensures that all data protection requirements have been complied with when processing the user's personal data. HM does not assume any additional liability in such cases, except for those mandatory under applicable law
- HM may, but has no obligation to, remove content (such as testimonials or messages) and accounts from the Platform that contain content that the Company deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that infringes any party's intellectual property or these Terms and Conditions.
- HM makes no warranties and assumes no liability for the following:
- the ability of users to purchase Event tickets, use the Platform, make requests
- satisfaction of the participants with the event (organisation, information obtained, etc.)
- that the Site and the Platform will be available at all times, uninterrupted and error-free.
In the event of an error, the User shall immediately notify HM in writing and describe the error in as much detail as possible. Remediation is conditional on the error being reproduced and demonstrated on the basis of the description provided by the user. The User shall not remove the error by his own means, otherwise he shall be liable for the damage caused to HM (in particular, the Company shall not bear the expenses advanced by the User for the services of third parties offered for the correction of the error).
HM shall not be liable for any limitations of use or errors that have been or may be caused, in whole or in part, by improper use or inadequate infrastructure of the Site or the Platform (faulty hardware and/or software, faulty power supply, faulty internet connection).
- the accuracy of any mathematical calculations, statistics or reports made by the Company or its partners
- that errors or mistakes on the Site or Platform will be corrected
- Use of the Site and the Platform including any content, information or functionality contained therein, is provided "as is" and "as available" without any representations or warranties of any kind from HM, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Therefore, HM is neither responsible nor liable for any direct, indirect, incidental, consequential, special or other damages arising out of or in any way connected with the use of the Site or the Platform. Users assume full responsibility and risk for the use of the Site and the Platform, and the only remedy available to any Users in the event that they have any grievances related thereto is to cease using them or to request cancellation of the order within the limits indicated in art. 9 or art. 10 above.
- HM will not be responsible in any way for the way in which some users use information posted by other users on the Site or Platform (such as testimonials). Data security is an obligation HM undertakes towards buyers only with respect to data processed for the purpose of selling tickets to the Event.
- HM will not be liable for data submitted by the user that may infringe the rights of third parties (intellectual property, data protection, etc.), the user being solely responsible for uploading, managing, processing such data.
- HM shall not be liable for any losses suffered by the User if they were caused by the improper use of the Site, the Platform and/or failure to take measures and to follow instructions communicated by the Company.
- HM will only be liable to users for damage caused with direct intent, regardless of its cause and nature. The amounts paid by way of compensation shall in no event exceed the amount paid by the user for the purchase of a ticket to the Event, within the limits set out in Article 10 above if applicable. In any case, the User is obliged to notify the Company immediately of the damage suffered (no later than 1 calendar day) from the time the damage occurred, in writing, so that HM can take the necessary measures to mitigate or limit the damage.
STUDYING THE TERMS AND CONDITIONS, AS WELL AS THE DATA PROTECTION POLICY AND THE COOKIE POLICY, IS SOMETHING THAT USERS SHOULD DO EVERY TIME THE SITE IS ACCESSED AND BEFORE ANY REGISTRATION OR PROVISION OF DATA IS MADE, AS CHANGES MAY OCCUR.
The Company reserves the right to modify/update the content of the Site, including the policies referred to, at its sole discretion, at any time and for any reason (including but not limited to the occurrence of legislative or case law changes that may affect the consequences of what is published on the Site). Future revisions to this policy will be indicated by a change to the "Last Updated" date at the top. After the date on which the updated policy is published, access to the Site will constitute the visitor/user's acceptance of the updated terms.
However, if there are significant changes that could affect the rights and freedoms of users, information will be made by publication on the Site (pop-ups) or by sending e-mails to the addresses provided if applicable. Such significant changes will take effect for visitors/users within 15 days from the time of the display of the pop-up in question or the transmission of the e-mail by HM (the manner in which the information will be given will be decided by the Company on a case-by-case basis).
Regardless of the extent of the change, however, the responsibility for checking the content of the Site (including the Terms and Conditions and posted policies) to keep up to date with the latest versions remains entirely with the user.
The Company also has the free and exclusive right to limit/refuse access to the Site and implicitly not to honour ticket requests if other tickets have not been paid for by the same purchaser before or in respect of which there are delays in payment of the price (without applying discriminatory measures and only in compliance with legal provisions), and to suspend or even close the Site with immediate effect, as well as to modify any of its functionalities.
The website may contain links or references to other companies' websites/applications. Such websites/applications may contain terms and conditions or policies that differ from those of the Company, or may have reduced security measures. ACCESS TO SUCH LINKS AND THEREFORE TO THIRD PARTY WEBSITES/APPLICATIONS IS AT THE SOLE RISK OF THE VISITOR.
Also, advertising sections may be included in the content of the Site where advertising messages from third parties will be displayed. HM is in no way responsible for the content provided by third parties, whether or not it is advertising, nor for the manner in which such third parties agree to comply with their legal obligations.
This Site is protected by competitive security systems. However, like most webistes and applications on the Internet, it cannot be completely free of vulnerabilities.
Therefore, information submitted by visitors using the Site may be subject to privacy and security breaching activities beyond the direct control of the Company (such as the transmission of unsolicited spam messages, viruses on the equipment used, theft of IP addresses, unauthorized access to e-mail) for which HM assumes no responsibility, although it tries to avoid such unpleasant events.
The privacy of the data of visitors to the Site is an important issue for the Company and is assumed by the Company with regard to the data entered by users in the forms on the Site.
Our Data Protection Policy forms an integral part of these Terms and Conditions and can be consulted by the user at any time.
The rights and obligations of the parties (i.e. visitors/users and the Company), as well as all the legal effects produced by the Company's activity, shall be interpreted and governed by Romanian law and the provisions of European legislation.
All disputes may be settled by mutual agreement within 15 days of HM sending a notice or the Company receiving a notice to this effect under the "Contact" heading or using any other contact details from those indicated in item 1.
If a consensus cannot be reached within the time limit, the common law court at the Company's headquarters will be used or the out-of-court dispute resolution platform offered by the European Commission for consumers who have purchased products online can be used without the need to take legal action (link here:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=RO and/or https://anpc.ro/formular-sal-anpc/ )
If any provision of these Terms and Conditions shall be ineffective (void) either in whole or in part, or if any provision shall in the course of time become invalid or if there are any loopholes, the remaining provisions shall not be affected in any way. For the purpose of replacing the invalid provision, i.e. to close the loophole, the parties shall be deemed to have agreed that the provision in question shall be replaced by the legal regulation which corresponds as closely as possible to the intention of the parties or which would correspond to the intention which the parties would have had, taking into account the purpose and meaning of what is stated herein, in the event that they would have known the invalidity of the provision in question or the loophole.
Section headings are for reference purposes only and shall not affect the meaning or interpretation of these Terms and Conditions in any way.
If a party waives its right to require performance of a contractual provision, such a waiver relates strictly to that situation and does not result in a general waiver of the right to require performance of the contractual provision.
Communication between the Company and the User will take place by email or telephone after the latter has communicated a request on the Site or to HM's email address.
This policy applies to the Company and users of the Site.
This document is part of the Company's set of security policies. Other policies may apply to the topics addressed in this document and will be revised as specific needs arise.
